SHANTABEN Vs. KAILASHBEN

JUDGEMENT

(1.) THE present Civil Revision Application under Section 29(2) of the Bombay Rent Act has been preferred by the applicants-heirs and legal representatives of the original plaintiff-original landlord to quash and set aside the impugned judgment and order passed by the learned appellate Court-learned Extra Assistant Judge, Valsad at Navsari dated 05/11/1999 in Regular Civil Appeal No. 54/1997 by which the learned appellate Court has allowed the appeal preferred by the respondents-original defendants and has quashed and set aside the impugned judgment and decree passed by the learned trial Court passing the eviction decree against the respondents-tenants under Section 13(1)(b) of the Bombay Rent Act.

(2.) THE original plaintiff-original landlord instituted Regular Civil Suit No. 43/1993 in the Court of learned Civil Judge (Junior Division), Valsad against the respondents-tenant praying for decree of eviction under Sections 13(1)(b) and 13(1)(l) of the Bombay Rent Act. The learned trial Court vide judgment and decree dated 11/04/1997 decreed the suit under Section 13(1)(b) of the Bombay Rent Act, however, did not accept the case on behalf of the original plaintiff that the original defendants have acquired alternative accommodation and, therefore, refused to pass the decree under Section 13(1)(l) of the Bombay Rent Act. Being aggrieved and dissatisfied with the impugned judgment and decree passed by the learned trial Court in Regular Civil Suit No. 43/1993 the respondents preferred Regular Civil Appeal No. 54/1997 before the learned District Court, Valsad and the learned appellate Court-learned Extra Assistant Judge, Valsad at Navsari by impugned judgment and order dated 05/11/1999 has allowed the said appeal by quashing and setting aside the judgment and decree passed by the learned trial Court. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned appellate Court the applicants-heirs and legal representatives of the original plaintiff have preferred the present Civil Revision Application Section 29(2) of the Bombay Rent Act.

(3.) IN view of the above, the learned advocates appearing on behalf of the respective parties have requested to dispose of the present Civil Revision Application accordingly.